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1. Flutey v The Executors of the Estate of Jim Huirua Sullivan - Papatupu 2A No 2 (2017) 366 Aotea MB 263 (366 AOT 263) [pdf, 270 KB]

   ...consider whether an award of costs should be made. If the answer is yes, then it should go on to consider the appropriate quantum of costs. 4 3 [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). See also Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Appellate Court MB 216 (7 APWH 216) 4 See also Monschau v Bamber – Tahorakuri A No 1 Section 33A2 Ahu Whenua Trust [2016] Māor...

2. [2017] NZEnvC 060 Auckland Council v Mao [pdf, 254 KB]

   ...against any of the parties or against any of the tenants. Having heard the matter, further orders were made and the matter was adjourned to a further hearing on 5 December 2016. [3] There was also an earlier decision2 relating to an abatement notice appeal, which was dismissed and was the subject of a High Court appeal decision. 3 All of those decisions need to be read together to give the background to this matter. Process [4] Nevertheless, by a decision issued on 16 December 201...

3. Complaints Assessment Committee 410 v Dai [2017] NZREADT 18 [pdf, 104 KB]

   ...any of the Authority’s requirements for reinstatement or revival of her licence. [26] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. _____________...

4. [2019] NZEnvC 142 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 1.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 142 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act DARBY PLANNING LIMITED PARTNERSHIP (ENV-2018-CHC-150) and all other appellants concerning Topic 1 of Stage 1 of the Proposed Queenstown Lakes District Plan (as set out in the Schedule attached) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respo...

5. Timutimu v Ruwhiu - Waiohau C Section 22 (2020) 246 Waiariki MB 276 (246 WAR 276) [pdf, 218 KB]

   ...initiated invariably by owners or other trustees. Such proceedings are often connected to applications for removal of trustees, for review of trust as well as for the replacement of trustees and the termination of trusts. The decision of the Court of Appeal http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T20111166951&backKey=20_T20111166959&homeCsi=274497&A=0.04523016488630749&urlEnc=ISO-8859-1&&dpsi=0069&remotekey1=REFPTID&refpt=1...

6. [2020] NZEmpC 42 Alkazaz v Enterprise IT Ltd [pdf, 348 KB]

   ...reputation) may 7 Reopening determination, above n 2. 8 Reekie v Attorney-General [2014] NZSC 63, [2014] 1 NZLR 737 at [2]. The Court was concerned with the approach to security for costs on appeals, including the circumstances in which security might be waived. legitimately fall to be considered as part of the cost/benefit assessment. Proceedings relating to the vindication of rights under the New Zealand Bill of Rights...

7. [2018] NZEmpC 135 Solid Roofing Ltd v Newman [pdf, 232 KB]

   ...Employment Court. See attached Statement of Claim [and annexed documents] for full presentation of grounds, and the affidavit of Sarah Kim Bayly sworn 30 July 2018 in support. 2. Attempted Enforcement of the determination prior to a ruling on the appeal would force the company into voluntary liquidation, see numerous staff lose their employment, and see the Respondent not receive any contribution towards his judgment amounts given the limited assets of the company and the cost...

8. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

   ...costs should be ordered. In exercising that discretion, regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up.5 That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:6 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an orde...

9. [2022] NZEmpC 68 KAQ v Attorney-General [pdf, 244 KB]

   ...confidentiality and privacy interests 5 Rule 11(7)(a). 6 Rule 11(8). 7 Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310 at [2]; Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460, [2019] NZAR 30. 8 See the discussion in Schenker AG v Commerce Commission [2013] NZCA 114, (2013) 22 PRNZ 286; referred to in Crimson Consulting Ltd v Berry [2018] NZCA 460, [2019]...

10. [2021] NZEmpC 119 Bowen v Bank of New Zealand [pdf, 291 KB]

    ...Appendix 1. 8 See Appendix 2. [14] In reply, the BNZ points to the availability of legal aid and to the fact Ms Bowen continues to incur costs, including making another application for removal in the Authority and applying for leave to appeal the Court’s judgment on the application for removal to the Court of Appeal. It strongly disputes that its use of the costs procedure is to prevent Ms Bowen from continuing with her proceedings. The Court has a discretion as to co...